Scars decisions — 2019

The Veteran's right ankle surgical scars are not rated higher than a non-compensable rating. The Board finds that the preponderance of evidence is against the assignment of a compensable rating for the Veteran’s right ankle surgical scars under Diagnostic Code 7805 as there are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04. The Veteran's right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis is remanded for further examination to determine the severity of his disability.

The Board has remanded the case due to new evidence submitted by the Veteran, including a letter from his daughter and an in-service event claim. The medical opinions are unclear on whether the eye condition is congenital defect or disease, and further examination is needed.

The Board has remanded the Veteran's claims for bilateral hearing loss and left forearm scar as they are not adequately addressed in the current record. The Veteran needs to provide updated VA treatment records, especially from his private physician, and a new examination is required to assess the severity of his conditions.

The Veteran's appeal for an increased rating for his service-connected right foot condition with chronic neuritis and scars was denied. The Veteran is currently receiving the highest possible rating of 20 percent.

The Board denied service connection for corneal scars and granted a 10 percent rating for residuals of a left wrist fracture with wrist strain.,The Board denied an initial compensable rating for superficial and nonlinear scars on the left leg from March 1, 2014 to May 29, 2018, a compensable rating for deep, nonlinear scar of the left lower extremity from May 29, 2018, and a compensable rating for superficial linear scars of the left lower extremity from May 29, 2018.,The Board denied an initial rating greater than 10 percent for painful scarring of the left lower extremity.

The Veteran's appeals for increased evaluations and service connection have been dismissed due to the Veteran withdrawing his appeal of these issues prior to a decision being made.

The Veteran's claims for service connection of peripheral vestibular disorder, anal stenosis with skin tags, mood disorder, and residuals of nasal septal perforation with scar have been granted. The effective dates are set at the earliest date each claim was received.

The Veteran's service-connected disabilities are of such severity that they prevent him from securing or maintaining substantially gainful employment, and the Board has determined that his TDIU application is granted as of December 16, 2016.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent from October 9, 2012 to September 12, 2016. The Board has remanded the issues of increased ratings for his lower extremity radiculopathy and left knee disability, as well as service connection for residuals of a head injury.

The Board has remanded the Veteran's claims due to inadequate examinations and the need for updated treatment records. The Veteran is seeking higher ratings for his right forearm disabilities, including a shrapnel injury, a painful scar, and a scar.

The Veteran's service-connected residuals of bone spur removal from left fifth toe proximal phalanx bone and a surgical scar as secondary to this condition are granted with a 10 percent rating.

The Veteran's left big toe disability and scar of the left toe have been granted a 10 percent rating, effective June 16, 2017. The disability is rated under Diagnostic Code 5284 for the left big toe.

The Veteran's initial rating for CAD was increased to 60 percent in August 2011, but then reduced back down to 10 percent in July 2016. The Board found the reduction improper and restored the original 60 percent rating. Additionally, the Veteran is granted TDIU.

The Board has determined that the Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation consistent with her education and work experience, thus denying her claim for TDIU.

The Board has denied the Veteran's claims for service connection of low back disability, right ear injury to include perforated eardrum, and facial scarring (left upper lip and cheek). The remaining issues are remanded for further development.

The Veteran's service-connected post-operative residual scar, epigastric/umbilical hernia repair has worsened and the Board finds that an updated VA examination is necessary to assess its current severity.

The Veteran's unhealed eye injury is rated at 10 percent, and his bilateral hearing loss is granted a non-compensable rating. The Veteran also receives a TDIU based on the combined effect of multiple service-connected disabilities.

The Veteran's appeal for a higher rating for tinnitus has been withdrawn.,His claim for an increased rating for residuals of pilonidal cystectomy with painful scar is denied as the evidence does not support a higher rating than 10 percent.

The Veteran's claim for various equipment purchases and home modifications under the independent living plan through VA’s VR&E program is remanded due to incomplete documentation, lack of a Vocational Rehabilitation evaluation, and unavailability of certain records. The AOJ must ensure all relevant documents are obtained and associate them with the claims file.

The Veteran's tinnitus was granted service connection. The Veteran's abdominal scarring and shin splints were denied service connection. The Veteran's lumbar strain, bilateral lower extremity radiculopathy, and left leg shin splints with moderate knee disability are remanded for further evaluation.